Who Can File a Wrongful Death Lawsuit?
April 21, 2019 | Wrongful Death
Nothing is more difficult than losing someone close to you. Wrongful death lawsuits are typically filed by the spouse or parents of the deceased, but in some cases, other immediate family members can file a suit for a victim’s sudden death. An experienced wrongful death lawyer can assess your case, determine whether you are eligible to file a wrongful death lawsuit, and negotiate with the other party’s insurance company for an acceptable settlement for your family member’s wrongful death.
What Elements Are Included in a Wrongful Death Lawsuit?
States in the U.S. require the following core elements to be present when filing a wrongful death lawsuit:
- Proof of death
- Evidence of the other party’s negligence
- Proof of an immediate relationship with the deceased
- Evidence that the negligent party directly caused or contributed to the victim’s death
If a person’s immediate family member has been killed in a wrongful death accident, it’s vital for them to speak with a lawyer about the accident, gather as much evidence as possible, and file a supported claim against the negligent party with an experienced lawyer.
Who is Eligible to File a Wrongful Death Lawsuit?
In most states in the U.S., a victim’s spouse is the primary party that is eligible to recover compensation for a victim’s wrongful death. If a victim doesn’t have a spouse or life partner, in most states, other immediate family members such as a victim’s parents, grandparents, or siblings are eligible to file a wrongful death lawsuit to retrieve damages. The more distant the relation, the more complicated it can be to recover damages for wrongful death, but with an experienced Wrongful Death Lawyer by your side protecting you from the negligent party’s insurer and ensuring that you have a compelling claim for your family member’s untimely death, your wrongful death lawsuit has the best odds of recovering full compensation.
What Damages Can I Recover with a Wrongful Death Lawsuit?
There are many different ways that a wrongful death accident can happen, but the recoverable damages generally stay the same. Generally, a valid wrongful death lawsuit can recover medical expenses, lost wages, pain and suffering, property damage, and funeral and burial expenses that stemmed from the fatal accident. However, the amount that can be recovered for each type of damage can vary significantly depending on the state’s wrongful death laws. In most states in the U.S., there isn’t a cap on the amount of economic and non-economic damages that can be recovered for wrongful death lawsuits, but in some states, there is a damages cap in place that limits the amount of economic or non-economic that can be recovered for wrongful death, or a cap specifically for the damages that can be recovered in medical malpractice lawsuits.
How Can a Wrongful Death Lawyer Help Me With My Case?
If your immediate family member has died in a sudden and severe accident that was caused by someone else’s negligence, you need to speak with a Wrongful Death Lawyer immediately about the situation. Your lawyer has your case’s best interests at heart and understands how important it is to get justice for your family member’s wrongful death, so they’ll do everything they can to ensure that you are taken care of and that your wrongful death lawsuit recovers the maximum amount of damages. If you have recently lost an immediate family member in a wrongful death accident and need a lawyer to help you file a wrongful death lawsuit, contact the Dixon Injury Firm today to schedule a free consultation and explore the options available to the victim’s case for recovering compensation.